Mixing
Brett Kavanaugh Supreme Court nomination
Kavanaugh and his family with President Donald Trump in 2018
President Donald Trump selected Judge Brett Kavanaugh to become an Associate Justice of the Supreme Court of the United States with an announcement on July 9, 2018, filling the vacancy left by the retirement of Anthony Kennedy.[1] Kavanaugh's nomination needs to be confirmed by the United States Senate before he can join the Supreme Court.
When nominated, Kavanaugh was a sitting judge of the United States Court of Appeals for the District of Columbia Circuit, to which he had been appointed by George W. Bush in 2006.
Contents
1 Background
2 Nomination to the Supreme Court
3 Senate confirmation process
3.1 Support
3.2 Opposition
3.3 Meetings with Senators
3.4 Voting alignment
3.5 Confirmation hearing date
4 See also
5 References
Background
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Associate Justice Anthony Kennedy had announced his retirement from the Supreme Court on June 27, 2018, after having served on the court for over 30 years. His resignation took place on July 31, 2018.
From 1993 to 1994, Kavanaugh served as a law clerk for Justice Kennedy.[2]
Nomination to the Supreme Court
Kavanaugh was officially announced as the nominee for Associate Justice of the Supreme Court of the United States on July 9, 2018, selected as the Supreme Court nominee from among a list of "25 highly qualified potential nominees" considered by the Trump Administration.[3] Reasons cited by President Trump for the nomination of Kavanaugh included his "impeccable credentials, unsurpassed qualifications, and a proven commitment to equal justice under the law" with the emphasis that "what matters is not a judge’s political views, but whether they can set aside those views to do what the law and the Constitution require."[4]
Kavanaugh's nomination must be confirmed by the United States Senate before his appointment to the Supreme Court. Kavanaugh has stated that if he is confirmed by the Senate, he will "keep an open mind in every case" and that he "will always strive to preserve the Constitution of the United States and the American Rule of Law".[4]
Senate confirmation process
Kavanaugh's nomination was officially sent to the Senate on July 10, 2018.[5] His nomination is currently pending before the Senate Judiciary Committee. Judge Kavanaugh had over 4800 pages of opinions provided for review. As part of the nomination process around additional 174 thousand documents had been produced in response to his nomination as of August 10, 2018. A nominee questionnaire was also returned with 17 thousand pages of supporting documents.[6][7]
Support
Senate Republicans have expressed support for Kavanaugh's nomination. Senate Majority Leader Mitch McConnell has stated his intent to support the nomination, referring to Kavanaugh as "highly regarded throughout the legal community".[8] The Republican Party currently holds a functional 50–49 majority in the Senate, with Arizona Senator John McCain's treatment for glioblastoma brain cancer keeping him from the Senate since December 2017.[9]
Liberal professor Akhil Reed Amar from Yale Law School called the nomination of Kavanaugh Trump's "finest hour, his classiest move". Amar also remarked that Kavanaugh "commands wide and deep respect among scholars, lawyers, and jurists".[10] Self-described "liberal feminist lawyer" Lisa Blatt also said that "Democrats should support Kavanaugh."[11]Benjamin Wittes, an official at the Brookings Institution and the Hoover Institution and a vocal critic of Donald Trump, expressed support for Kavanaugh but said that he would be confirmed "for all the wrong reasons" in an article attacking partisanship surrounding Supreme Court nominations[12]
Kavanaugh has the backing of The Latino Coalition and The Libre Initiative, Latino advocacy groups[13][14]
Opposition
A number of notable Senate Democrats, including Senate Minority Leader Chuck Schumer, have stated intent to oppose Kavanaugh's confirmation.[8]
It was also reported by Vox that some social conservatives are disappointed that Trump nominated Brett Kavanaugh. The American Family Association, a socially conservative organization founded in 1977, immediately called on its members to rally against Kavanaugh, another organization, March for Life, had concerns about Kavanaugh that its leadership shared with Vice President Mike Pence, arguing that the judge lacked the "backbone" to overturn Roe v. Wade.[15]
David A. French of the National Review lamented the choice of Kavanaugh without actually opposing it, calling him an "establishment" pick, a "safe choice", and an "elitist's elitist".[16]
An open letter rebuking Yale Law School over a press release celebrating Kavanaugh's nomination was signed by over 600 of its alumni.[17][18]
Meetings with Senators
Kavanaugh with Chuck Grassley
July 10, 2018 - Senate Majority Leader Mitch McConnell and Committee on the Judiciary Chairman Chuck Grassley*
July 11, 2018 - Orrin Hatch*, John Cornyn*, Lindsey Graham*, Mike Crapo* and Rob Portman
July 12, 2018 - Dan Sullivan, Ben Sasse*, Shelley Moore Capito and Deb Fischer.
July 17, 2018 - Thom Tillis*, Ted Cruz*, Steve Daines, Johnny Isakson and Todd Young.
July 18, 2018 - Mike Lee*
July 19, 2018 - Bob Corker, Jeff Flake*, Dean Heller, David Perdue, James Lankford and Mike Enzi.
July 24, 2018 - John Kennedy*, Richard Burr and Rand Paul.
July 25, 2018 - John Barrasso, Mike Rounds, Bill Cassidy, Cindy Hyde-Smith and Tim Scott.
July 26, 2018 - Cory Gardner, Pat Toomey, Jim Inhofe, Lamar Alexander and Pat Roberts.
July 30, 2018 - Richard Shelby, Joni Ernst and Joe Manchin.
July 31, 2018 - Roy Blunt and Jerry Moran.
August 1, 2018 - Jim Risch, Roger Wicker, Tom Cotton, John Hoeven, John Thune, John Boozman and Marco Rubio.
August 15, 2018 - Joe Donnelly, Heidi Heitkamp and Ron Johnson.
Indicates member of Senate Committee on the Judiciary *
Voting alignment
In reference to Kavanaugh's voting alignment if successfully confirmed, FiveThirtyEight used Lee Epstein et al.'s Judicial Common Space scores[19] (which are not based on a judge's behavior, but rather the ideology scores of either home state senators or the appointing president) to find that Kavanaugh would likely be more conservative than Justices Samuel Alito and Neil Gorsuch, but less conservative than Justice Clarence Thomas, if placed on the Supreme Court.[20]The Washington Post's statistical analysis estimated that the ideologies of most of Trump's announced candidates were "statistically indistinguishable" and placed Kavanaugh between Justices Neil Gorsuch and Samuel Alito.[21]
Confirmation hearing date
Senate Majority Leader Mitch McConnell has stated that Kavanaugh's hearings will occur prior to the November midterm elections. His hearings will start on September 4, 2018 and it will last for 3 to 4 days.[22]
See also
- Donald Trump Supreme Court candidates
References
^ Williams, Pete (July 9, 2018). "Trump to tap federal appeals court Judge Brett Kavanaugh for Supreme Court". NBC News. Retrieved July 9, 2018.
^ Liptak, Adam. "Brett Kavanaugh, a Conservative Stalwart in Political Fights and on the Bench". The New York Times. Retrieved July 10, 2018.
^ "President Donald J. Trump Announces Intent to Nominate Judge Brett M. Kavanaugh to the Supreme Court of the United States". The White House. Retrieved July 10, 2018.
^ ab "Remarks by President Trump Announcing Judge Brett M. Kavanaugh as the Nominee for Associate Justice of the Supreme Court of the United States". The White House. Retrieved July 10, 2018.
^ "One Nomination Sent to the Senate Today". Retrieved July 16, 2018.
^ Carney, Jordain (August 10, 2018). "Senate Judiciary announces Kavanaugh's confirmation hearing". The Hill. Retrieved August 10, 2018.
^ "Questionnaire for Nominee to the Supreme Court" (PDF). United States Senate Committee on the Judiciary. Retrieved August 10, 2018.
^ ab Darrah, Nicole. "Kavanaugh nomination to Supreme Court cheered by conservatives". Fox News. Retrieved July 10, 2018.
^ Bush, Daniel. "The politics behind Brett Kavanaugh's nomination and the Senate battle ahead". PBS. OPB. Retrieved July 10, 2018.
^ "Opinion - A Liberal's Case for Brett Kavanaugh". Retrieved July 16, 2018.
^ Blatt, Lisa (August 2, 2018). "I'm a Liberal Feminist Lawyer. Here's Why Democrats Should Support Judge Kavanaugh". Politico. Retrieved August 10, 2018.
^ https://www.theatlantic.com/politics/archive/2018/08/the-polarization-contagion/567422/
^ http://thelibreinitiative.com/blog-libre/why-latinos-should-support-swift-confirmation-scotus-nominee-kavanaugh
^ https://thelatinocoalition.com/news/6386124
^ "Why social conservatives are disappointed that Trump picked Brett Kavanaugh". Retrieved July 16, 2018.
^ Graham, Ruth. "How Christian Conservatives Are Reacting to Trump's Supreme Court Pick". Retrieved July 16, 2018.
^ "Open Letter from Yale Law Students, Alumni, and Educators Regarding Brett Kavanaugh". Google Docs. Retrieved July 11, 2018.
^ "Brett Kavanaugh '90 Nominated to U.S. Supreme Court". law.yale.edu. Retrieved July 11, 2018.
^
Epstein, Lee; Martin, Andrew D.; Segal, Jeffrey A.; Westerland, Chad (May 2007). "The Judicial Common Space". Journal of Law, Economics, and organization. 23 (2): 303–325. doi:10.1093/jleo/ewm024.
^ Roeder, Oliver (July 6, 2018). "How Four Potential Nominees Would Change The Supreme Court". FiveThirtyEight. Retrieved July 7, 2018.
^ Cope, Kevin (July 7, 2018). "Exactly how conservative are the judges on Trump's short list for the Supreme Court? Take a look at this one chart". The Washington Post. Retrieved July 9, 2018.
^ "Grassley: Kavanaugh Hearings to Begin September 4". August 10, 2018. Retrieved August 10, 2018.
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